How to File a Medical Malpractice Lawsuit
Lawyers and doctors must invest significant time and money in the many lawsuits involving medical malpractice. This investment covers physician time and work product attorneys' time court costs, expert witness fees, and many other costs.
An injury resulting from an healthcare professional's negligence, misconduct, error or omission can lead to a medical malpractice claim. Victims of injury may seek compensation damages, which could include actual economic losses, such as future and past
medical malpractice attorney bills as well as non-economic loss such as pain and suffering.
Complaint
A medical malpractice claim is a complex matter and requires evidence of credibility for success. The injured patient, or their attorney in the event that the patient has passed away must be able to prove each of these elements:
The defendant did not fulfill that obligation. The defendant breached this duty. The breach directly caused injury for the plaintiff. This aspect of an action for malpractice is called "causation." A breach of the standard of care itself does not cause an injury, but it has to be shown that the breach directly caused the injury and was the main reason for the injury.
It is typically necessary to file a complaint to a state medical board in order to safeguard the rights of the patient and ensure that the doctor does not commit additional errors. A report is not a lawsuit, but it could be a good first step in getting the malpractice claim started. It is generally recommended to speak with an Syracuse malpractice lawyer before filing a report, or any other document.
Summons
A summons or claim is filed in court and then sent to the defendant doctor as part of the legal process. A lawyer appointed by the court for plaintiff will then review these documents and, if they believe that there could be an instance of malpractice then they will file a complaint along with an affidavit with the court describing the alleged
Medical Malpractice Attorneys error.
The next step is obtaining evidence by pretrial disclosure. This includes making requests for evidence including hospital billing and notes from clinics, and taking depositions of the defendant's doctor. Attorneys then will question the defendant under oath as to his or her knowledge regarding the case.
The attorney representing the plaintiff will use this information to prove the elements of a medical malpractice case at trial. The elements of a medical malpractice case include the existence of an obligation on the part of the physician to provide care and treatments to patients, the physician's breach of this duty and a causal link between the breach and injury or death of the patient, and an amount of damages sufficient to warrant a monetary award.
Discovery
During the discovery process both sides are able to ask for and receive evidence that is relevant to the case. This includes medical records before and following the mishaps, information about experts and tax returns or other documentation that pertains to out-of-pocket expenses which the plaintiff claims to have incurred, and also the names and contact information for any witnesses who be present at trial.
Most states have a statute-of limitations which limits the amount of period that a patient must claim compensation after suffering injuries due to a medical mistake. These limitations are set by the laws of the state and are subject to a law known as the "discovery rules."
To win a medical malpractice lawsuit, an injured patient has to demonstrate that the negligence of the doctor caused a specific injury such as physical pain, or loss of income. They must also prove causationwhich means, that the negligent treatment was the sole reason for their injury or death.
Deposition
Depositions are question and answer sessions conducted in the presence of a court reporter who documents both the questions and the answers. The deposition is a part of the discovery process, in which parties collect information to be used in a trial.
Depositions allow attorneys to ask witnesses, typically doctors to answer a series of questions. If a doctor is deposed and questioned, they must answer each question truthfully under an oath. Usually, the physician is first interrogated by an attorney and then interviewed by another attorney. This is a crucial step in the case and the doctor must focus on it with complete attention.
Depositions are a great opportunity for lawyers to gather an in-depth background on the doctor, including their education, training, and experience. This information is crucial to proving the doctor breached your standards of care and that this breach caused you injury. For instance, doctors who have trained in the area of malpractice cases generally be able to prove that they have a lot of knowledge of certain procedures and techniques that could be relevant to a specific medical malpractice claim.
Trial
A lawsuit in a civil court is formally launched when your lawyer lodges a complaint and a summons with the court of your choice. This starts the process of legal disclosure, also known as discovery. You and your doctor's team will collaborate to gather evidence to support your case. This usually comprises medical records and testimony of an expert witness.
The objective of proving that you have committed a malpractice is to establish that the actions of your doctor did not meet the standard of care. Your lawyer must convince the jury that your injuries could have been prevented if your doctor had followed the standards of care. The lawyer for your doctor will present defenses which contradict the evidence presented by your lawyer.
Despite the myth that doctors are the target of false claims of malpractice, decades of empirical evidence shows that jury verdicts reflect fair assessments of damages and negligence, and that juries are skeptical of excessive award amounts. The vast majority of malpractice cases settle prior to trial.